Harihara arun somasankar issued a notice on behalf of Actor Raiza Wilson to Dr Bhairavi Senthil, claiming damages of one crore.
Harihara arun somasankar issued a notice on behalf of Actor Raiza Wilson to Dr Bhairavi Senthil, claiming damages of one crore.
Harihara arun somasankar issued a notice on behalf of Raiza Wilson stating that Medical Practitioner is a profession that yields humanitarian service to the public rather than extorting money from innocent people like Raiza Wilson. Further, the Actor has suffered an injury due to the wrongful treatment of Dr Bhairavi Senthil. Therefore the procedure performed by the said doctor amounts to professional negligence of medical services resulting in the deficiency of service and claims damages to the tune of Rs.1,00,00,000/- (One Crore only).
R.P.A.D 21.04.2021 To, Dr Bhairavi Senthil, 12/2, Sriman Srinivasan Cross Street, Venus Colony, Alwarpet, Chennai – 600 018.
Madam,
Under the instructions and on behalf of my client Ms Raiza Wilson, E-103, First Floor, Arihant Tiara’ Padmini Garden Street, Mount Poonamallee Road, Nandambakkam, Chennai -600 089, I hereby serve you with the following legal notice:
1. My client states that she is an Actress cum Model in the South Indian Film Industry and an awardee of various prestigious awards.
2. My client states that you are a Registered Medical Practitioner specialised in Dermatology and provide services in Cosmetology at your clinic named ‘Behanced’. My client states that you had made various advertisements on Social Media such as Instagram, Facebook and other platforms illustrating your treatments and procedures. Believing the said advertisements, my client approached you for obtaining advice on specific facial treatments and procedures.
3. My client states that you advised her that she must undergo Botox Treatment during the consultation as she has some facial issues. My client states that you assured her that ‘Botox Treatment’ would yield the best results, and it is safe. My client states that by believing your assurance, she agreed to undergo the said procedure. My client states that you confirmed an appointment on 25.03.2021 and assured her that you would perform the procedure.
4. My client states that on 25.03.2021, my client was informed that your assistant Dr Vanitha and Mr Mani, should do the treatment procedures. Initially, my client was a little hesitant to agree to carry forward the treatment by your assistant Dr Vanitha and Mr Mani. My client states that your staff assured her that they would act according to your instructions and conduct the procedure. Based on the said assurance, my client has agreed to undergo the said treatment, and the same was completed by your assistant Dr Vanitha and Mr Mani under your supervision. My client states that she was asked to make a payment of Rs. 62,500/- for the above said treatment, and so did she.
5. My client states that the treatment made by your assistant Dr Vanitha and Mr Mani under your supervision did not yield any benefits to her skin.
6. My client states that on 05.04.2021, my client has informed Mr Mani that the treatment performed on 25.03.2021 by Dr Vanitha and Mr Mani under your supervision has not yielded any results to her skin, and she is very much disappointed with the treatment. After this, Mr Mani informed my client that Derma Fillers’ procedure, an injectable treatment, could be performed for better results. But my client was shocked to know that she was not advised to achieve this at the first instance while she came for a consultation and questioned the same to Mr Mani. In return, Mr Mani has informed her that all the procedures are done only in directions given by you, and your staffs cannot act independently.
7. My client states that she realised that you had intentionally suggested unfair treatment at the first instance with the sole purpose of extorting money.
8. My client states that she informed Mr Mani that she would undergo Derma Fillers, an injectable treatment, only after you have confirmed that the said treatment is effective and safe.
9. My client states that Mr Mani has confirmed with you about the safety of the treatment and assured my client that she would be safe and the said procedure will be effective on her skin. Also, he informed her that the treatment procedure would be conducted only by you on 16.04.2021. Hence, my client agreed to undergo the said procedure.
10. My client states that on 16.04.2021, she arrived at your clinic for ‘Tear trough Filler’ treatment and got assurance from you concerning the safety and effectiveness of the treatment. My client specifically informed you about her upcoming movie schedule on 17.04.2021 and enquired whether the said treatment will damage her skin. My client states that you convinced her by stating the said treatment is risk-free and will be effective on her skin in response to the said query. Further, my client states that you informed her that the above said treatment does not require any downtime. Therefore, my client, believing your statement and having faith in your medical expertise, agreed to the said treatment.
11. My client states that you had performed a ‘Tear trough Filler’ treatment on her face. During the procedure, my client raised specific queries regarding the treatment, and you reassured her that this treatment is safe and effective. During the treatment, you suggested my client undergo right cheek filler treatment and the same was not agreed upon before. Initially, my client straight away denied undergoing the said procedure. Without providing adequate time for my client to think, you had repeatedly asked my client to undergo the said treatment by stating that there is an imbalance in her face and the right cheek filler treatment would give her better results. Further, you assured her that the said procedure is safe and effective to perform. Believing the same, my client consented to you to perform the said procedure, after which you conducted the said procedures. My client states that she was asked to make a payment of Rs. 65,000/- for the above said treatment, and so did she.
12. My client states that she noticed bleeding in her right eye and right cheek during the procedure and underwent immediate swelling, redness, and severe pain on the treated area of her face. My client states that she felt discomfort in her skin and the right eye during the procedure and informed you about the same. My client states that you precisely assured her that my client’s vision is proper and not blurred, and you did not respond to my client’s query diligently. My client states that she got panicked and she became extremely nervous. After a couple of minutes, you consoled my client by stating that she should not worry and things are copacetic. My client states that you further informed my client that she should wait for 48 hours to see the results. Believing the same, my client returned to her home after the procedure.
13. My client states that after a couple of hours of the procedure, she suffered severe bruises, redness, swelling and dreadful pain on the treated area of her face resulting in mental trauma. My client states that she immediately called up your clinic for emergency treatment. Your employees denied providing any such emergency treatment. My client contacted Mr Mani to remove the fillers as my client was suffering from extreme pain, and her skin was turning worse. My client states that Mr Mani informed her to show up early morning for remedial treatment.
14. My client states that she was not provided with any emergency treatment or any remedial treatment for the pain suffered by her as an outcome of your treatment. She got a panic attack and consulted a psychiatrist through an online consultation portal for immediate treatment, and the psychiatrist prescribed her certain medicines.
15. My client states that she was informed that you were unavailable upon arriving at the office on 17.04.2021. Another doctor would administer a different injection and remove the existing fillers from her face. My client states that her face was completely swollen and extremely bruised at that time. My client got trepidatious and instantly denied undergoing any treatment by another doctor. After knowing that my client’s appointment was scheduled to undergo remedial treatment for the above-said pain, you have intentionally denied meeting her and providing any such remedies. My client states that it is an indispensable duty of the doctor to alleviate their patients at times of severe medical emergencies, and you have intention denied to provide such assistance with a motive to endanger her life.
16.My clients states that as you denied her remedial treatment, she approached another doctor for saving her from the injury suffered as a result of your treatment. My client states that the doctor certified that she sustained the said injury because of wrongful treatment and prescribed her certain medicines for recovery. 17. My client states that she is an actress by profession, and her appearance adds an aesthetic value to it. My client states that your negligent act has caused severe damage to her skin, and due to the same, she has suffered substantial financial loss. My client further states that your impetuous actions have subjected my client to mental agony as the treatments performed by you have caused permanent lasting damage on her skin.
18. My client states that the said intentional act of you has caused her various health issues and medical complications. My client states that you have suggested her wrong treatments from the beginning of the consultation until the latter only to extort money. My client states that Medical Practitioner is a profession that yields humanitarian service to the public rather than extorting money from innocent people like my client. My client states that she has lost her roles in upcoming major movies due to your rash and negligent act. My client states that the act performed by you amounts to professional negligence of medical services resulting in the deficiency of service, and you are liable to pay damages for the injuries suffered by her as a result of the unlawful act. Hence, my client calls upon you to pay damages to the tune of Rs.1,00,00,000/- (One Crore only) to my client.
Therefore, I call upon you through this legal notice to pay the damages of Rs.1,00,00,000/- (One Crore only) to my client within 15 days of the receipt of this legal notice, failing my client would to initiate civil and criminal proceedings before the competent Court of Law and in that event, you shall be held liable and responsible for all costs and consequences arising thereof.
ADVOCATE hari hari somasundaram
